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Surinder Singh Retained rights of residence without divorce?

Posted: Sun Jul 09, 2017 5:25 pm
by tinned_cat
Hello Board Members

I would like to ask some advice because I don't know how to proceed. I have been living in the UK with my British sponsor for 2 years, I have a valid residency card for another 3 years. Also, we have been married for a little over 3 years.

We are in the process of an amicable separation now and neither of us really want a divorce (we were married in my home country) but we are both worried about my status here. He thinks he might leave the country in a few months to work abroad, but I would like to continue my life here so the two options I can think of now are:

1 - Stay in the UK and wait until I complete 5 years of residency and apply for permanent residence. (Here I understand that we don't need to provide information on living together for those 5 years, but I am not sure)

2 - Start divorce before my sponsor leaves the country and apply for retained right of residence.

Thanks for your help.